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protect your cars

I know this might seem a bit irrelavent in this section but I thought id share my experience:


my Dad died nearly 3 years ago. my step brother got the key to his car when he died and sold it.


according to the officer I spoke to on the 101 number. this is fine and you can take someone's car when they die, because you can say they said you can have it.


now I can see a slight problem with this. that means if someone drops dead in the street someone could take the car keys and sell the car. all they have to do is argue I said they could have it. whos gonna ask the person who just died, there dead.


also the DVLA are not bothered about stolen cars. apparently they are only concerned that the car has a keeper registered, presumably so they can make sure its TAX'ed.
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Comments

  • G6JNS
    G6JNS Posts: 563 Forumite
    cypher007 wrote: »
    I know this might seem a bit irrelavent in this section but I thought id share my experience:


    my Dad died nearly 3 years ago. my step brother got the key to his car when he died and sold it.


    according to the officer I spoke to on the 101 number. this is fine and you can take someone's car when they die, because you can say they said you can have it.


    now I can see a slight problem with this. that means if someone drops dead in the street someone could take the car keys and sell the car. all they have to do is argue I said they could have it. whos gonna ask the person who just died, there dead.


    also the DVLA are not bothered about stolen cars. apparently they are only concerned that the car has a keeper registered, presumably so they can make sure its TAX'ed.
    The DVLA only records the registered keeper. It has nothing to do with legal ownership.
  • SeniorSam
    SeniorSam Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The possessions of someone who dies are dealt with by the Executors of that persons Will. Who was that and have you asked them about this mater?

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • cypher007
    cypher007 Posts: 358 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    no executor. im now the effective executor, via LOA. long story.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I think you have extrapolated too far, that random strangers can go round picking up the keys of dead people and own the car without there being a criminal offence that would be of interest to the police.

    This issue with police and connected parties is well covered on the motoring and relationship boards including connected by finance and parking fines.
  • SeniorSam
    SeniorSam Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    With letters of authority you can therefore take control of your father's estate. Was there a Will in place?

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • TonyMMM
    TonyMMM Posts: 3,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You would be within your rights to issue a demand to your step-brother that he repay the money he got for the car to the estate, and if he says no, you (on behalf of the estate) can take court action.

    Alternatively, if he is going to benefit from any other assets, you could adjust the distribution to take account of the amount he has already had.

    Probably depends on the amounts involved and how far you want to push things.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    SeniorSam wrote: »
    With letters of authority you can therefore take control of your father's estate. Was there a Will in place?

    Sam

    I assume OP means Letters of Administration which is just another name for a Grant of Administration issued by the Probate Office when there is no will appointing an executor.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • cypher007
    cypher007 Posts: 358 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I think you have extrapolated too far, that random strangers can go round picking up the keys of dead people and own the car without there being a criminal offence that would be of interest to the police.

    This issue with police and connected parties is well covered on the motoring and relationship boards including connected by finance and parking fines.

    Probably. But I think the fact that someone has effectively bought a stolen car, and no authority seems bothered is worrying. I was under the impression when buying a used car that you needed only to make sure you had the v5 to cover ones self. Seems not.

    Re the means by which he acquired the car. How can the officer extrapolate from, my Dad went to work in his car died at work then presumabably step brother was handed the keys at the hospital, then took car home to sell. As meaning my Dad, who had little contact for 3 years with him, said if I die sell my car?
  • TonyMMM
    TonyMMM Posts: 3,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is never going to be regarded as a stolen car despite perhaps your step-brother exceeding his rights - if you have Letters of Administration and are dealing with the estate you have all the power you need to sort out the issue.
  • cypher007
    cypher007 Posts: 358 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 15 March 2015 at 3:21PM
    Could there be any come back on me as the administrator of the estate? Even though it was sold by the step brother nearly 3 years back.

    I only became administrator recently.
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